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Tuesday, January 19, 2016
New good law to help non violent offenders to hire attorney to erase certain criminal charges Christie OKs Measure Easing Expungement
New good law to help non violent offenders to hire attorney to erase certain criminal charges
Christie OKs Measure Easing Expungement
New Jersey Gov. Chris Christie has signed into law a measure designed to ease the path toward expungement of some criminal records.
New Jersey Gov. Chris Christie has signed into law a measure designed to ease the path toward expungement of some criminal records.
Christie signed the bill, A206, without comment. The bill was one of dozens acted on by the governor Jan. 19.
The primary sponsors of the bill were Assemblyman Jerry Green, D-Union, and Assemblywoman L. Grace Spencer, D-Essex.
The bill, which goes into effect in 90 days, will reduce the waiting period for expungement from 10 years to five years from the date of the person's last conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
In the case of a disorderly persons or petty disorderly persons offense, the waiting period would be reduced from five years to three years. Those with a criminal conviction or a conviction for a disorderly persons or petty disorderly persons offense would have to apply for an expungement with the state Superior Court in the county in which the conviction was adjudged.
The new law also allows expungement of criminal conviction records for certain people who have completed a sentence of special probation in Drug Court.
A judge would be permitted to order the expungement of all records and information relating to all prior criminal arrests, detention, convictions and proceedings for any offense enumerated in the state's criminal code. A person would not be eligible for expungement if his or her records include a conviction for any offense barred from expungement under current law, which includes most violent crimes.
"Expungement offers an incentive against recidivism. It gives people who currently have little chance of finding legal employment the opportunity to leave past mistakes behind them, find a job and be productive," said Green after the bill received final legislative approval in September 2015. "The fact of the matter is, the system is working against those individuals who have served their time and want to change and do better."
"A criminal record can affect a person's ability to secure housing, employment and even loans for school," said Spencer at the same time. "How is a person supposed to successfully reintegrate back into society when almost every road to self-dependence is blocked by a criminal record?"
More info on hiring an attorney for an expungment at
http://www.njlaws.com/expungement.html
